Welcome to the March 2025 edition of the DAC Beachcroft Construction Newsletter.
We begin with our usual round up of the latest Building Safety news, the focus being on the Government's response to the Grenfell Tower Inquiry's Phase 2 Report.
Also on the topic of building safety, the recent judgment in BDW Trading Limited v Ardmore Construction Limited provides some much awaited clarity on the operation of Building Liability Orders and Building Information Orders, novel remedies introduced by the Building Safety Act 2022.
We include our article on the FTT's Decision in Grey GR v Edgewater & Ors where the FTT made a Remediation Contribution Order against 76 Respondents, the first of its kind. DAC Beachcroft acted for the successful applicant, Grey GR, in these proceedings.
Other recent case law includes the latest on adjudication enforcement with the decision in Placefirst v CAR tackling the complicated payment rules and at what point a payless notice may be served. We also review the TCC's decision to strike out a claim for professional negligence against an architect and an engineer for the claimant's failure to particularise the claim.
Finally, see our thought piece on the recent increase in sinkholes and what we might see going forward.
Latest developments under the Building Safety Act 2022 – Q1 2025 update
In this quarterly update, we aim to summarise the latest publications and round up developments in Building Safety news since our December 2024 update.
Government response to Grenfell Tower Inquiry Phase 2 Report
In On 26 February 2025, the government published its long-awaited response to the Grenfell Tower Inquiry Phase 2 Report (published on 4 September 2024).
Long-awaited Guidance for BLOs & Information Orders
As has been widely reported, the Building Safety Act 2022 ("the BSA") has introduced significant new measures to help ensure accountability in respect of fire safety defects following the Grenfell Tower tragedy.
Grey v Edgewater: Key decision on how Tribunals will approach RCO applications
Vista Tower is a high-rise building in Stevenage that was converted from office to residential use between 2015 and 2017 by Edgewater (Stevenage).
Court tackles the complicated payment rules and confirms at what point a payless notice may be served
Placefirst Construction Ltd v CAR Construction (North East) Ltd [2025] EWHC 100 (TCC) is the latest in a long line of Court decisions arrived at off the back of what is colloquially known as "smash and grab" adjudications.
TCC Strike Out: Court prepared to summarily dismiss claims where appropriate
There are a number of basic requirements when pleading claims in professional negligence. Compliance with the pre-action protocol is expected. Allegations must be sufficiently particularised on the issues of breach of duty, causation and loss. This enables a defendant to understand the claim it has to meet and facilitates efficiency in the subsequent stages of litigation.
